RAHUL CHAMPIA ALIAS GUMDI KERAI v. THE STATE OF JHARKHAND
Cr.A(DB)/409/2025 · 2025-07-28
Pradeep Kumar Srivastava, Rongon Mukhopadhyay
body2025
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[ 2025 DAILYLAW 9419 (JHR) · dailylaw.ai ]
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[ 2025 DAILYLAW 9419 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. ( 2025:JHHC:20651-DB )
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cri. Appeal (D.B.) No. 409 of 2025
1. Rahul Champia @ Gumdi Kerai
2. Kishan Kerai @ Kishan Durkey @ Dukray Kayrai --- Appellants
Versus
The State of Jharkhand
….
--- Respondent
--- CORAM: Hon’ble Mr. Justice Rongon Mukhopadhyay
Hon’ble Mr. Justice Pradeep Kumar Srivastava
---
For the Appellants: Mr. N.K.Sahani, Advocate
For the Res.-State: Mr. Anup Pawan Topno, A.P.P. --- 03 / 28.07.2025 Heard Mr. N.K.Sahani, learned Counsel for the appellants and Mr. Anup Pawan Topno, learned A.P.P. for the State.
2. This appeal is directed against the order dated 04.01.2025 passed by the learned Addl. Sessions Judge-III, Chaibasa in Misc. Cri. Application No. 1222/ 2024 & 1086/2024, arising out of Tonto P.S. Case No. 11/2018 whereby and whereunder the prayer for bail of the appellants has been rejected.
3. It has been alleged that there was an encounter between the extremists and the police personnel and being out maneuvered, the extremists had fled away. Some bombs were also blasted which led to injury upon some police personnel.
4. Submission has been advanced by the learned Counsel for the appellants that the appellants are not named in the F.I.R. and only on account of some disclosure made by the villagers, they have been implicated without alleging any overt act against them. It has further been submitted that the appellants are in custody since 11.12.2023.
5. Mr. Anup Pawan Topno, learned A.P.P. on going through the case diary has submitted that some of the villagers had named the presence of the appellants at the time of the encounter. He has, however, fairly submitted that none of the villagers had alleged any overt act against these appellants.
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6. On consideration of the manner of implication of the appellants, we while setting aside the order dated 04.01.2025 passed by the learned Addl. Sessions Judge-III, Chaibasa in Misc. Cri. Application No. 1222/2024 & 1086/2024, arising out of Tonto P.S. Case No. 11/2018, direct that both the appellants be released on bail on furnishing bail bonds of Rs.10,000/- ( Rupees Ten Thousand) each with two sureties of like amount each to the satisfaction of learned Addl. Sessions Judge-III, Chaibasa in S.T.No. 142 of 2024, arising out of Tonto P.S. Case No. 11/2018.
7. This appeal is allowed.
(Rongon Mukhopadhyay, J)
(Pradeep Kumar Srivastava, J)
P.K.S.